A Connecticut man under investigation for child pornography crimes has had a lawsuit against his psychiatrist dismissed. In the suit, he alleged that he had told the psychiatrist that he viewed child pornography, then as a minor, and the psychiatrist took no action. After reaching adulthood, he continued viewing the illicit material and was caught by law enforcement. He sought redress for "the emotional distress occasioned by the execution of the search warrant and the anxiety associated with waiting to see if he is to be arrested," placing blame on the psychiatrist for negligent "failure to acknowledge, treat or address his disclosure."
The court, referencing a Michigan Supreme Court case, ruled that the claim should be dismissed on a variety of policy grounds, including that it would allow criminals to "receive a profit or compensation as a result of their illegal acts" and "be able to shift much of the responsibility ... to other parties."
The case is
Greenwald v. Van Handel, 2012 Conn. Super. LEXIS 464 (2012).
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